Omar Bennett
Alaska became the 49th state on January 3, 1959, and has had a rich history since its admission into the Union. Alaskans had sought statehood since the 1920s, and the Alaska Statehood Act was a significant milestone in this journey. The process of Alaska's statehood involved a constitutional convention, the drafting of a constitution, and various political maneuvers to gain support for the cause. The Alaska Constitution has been amended several times, with the most recent amendment occurring in 2004. These amendments address a range of topics, including the right to privacy, the establishment of the Alaska Court System, and the laws governing ballot measures. Understanding Alaska's path to statehood and the subsequent constitutional amendments provides insight into the state's unique history and its evolution within the United States.
| Characteristics | Values |
|---|---|
| Date Alaska became a state | 3 January 1959 |
| Date Alaska Constitution was ratified | 24 April 1956 |
| Number of amendments to the Alaska Constitution | 28 |
| Date of most recent amendment | 2 November 2004 |
| Subject of most recent amendment | Laws governing ballot measures |
| Number of rejected amendments | 12 |
| Number of delegates at the constitutional convention | 55 |
| Location of constitutional convention | University of Alaska, Fairbanks |
| Date of constitutional convention | 5 February 1956 |
| Date of Alaska Constitutional Convention | 1955 |
| Date Alaska was considered a military district of the US | 1867-1884 |
| Date Alaska was organised as the District of Alaska | 1884-1912 |
| Date Alaska was organised into the incorporated Territory of Alaska | 1912-1959 |
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What You'll Learn
Alaska's statehood journey
Alaska's journey to statehood began in 1867, when it was considered a military district of the United States, known as the Department of Alaska. From 1884 to 1912, it was organised as the District of Alaska, and in 1912, it became the incorporated Territory of Alaska. Alaskans had sought statehood since the 1920s, and in 1954, the territorial governor, B. Frank Heintzleman, proposed dividing Alaska at the 156th meridian west, which most Alaskans opposed.
In 1955, a Constitutional Convention was held at the University of Alaska in Fairbanks, where Ernest Gruening gave a powerful speech, "Let Us End American Colonialism", comparing Alaska's situation to the American struggle for independence. The following year, Alaskans voted and passed the Alaska Constitution with overwhelming approval. The National Municipal League praised it as "one of the best, if not the best, state constitutions ever written". Alaska also adopted the "Tennessee Plan", allowing them to elect delegates to Congress.
The Alaska Statehood Act was championed by Gruening, who was elected as a Shadow U.S. Senator, along with other key figures like Bill Egan, Ralph Rivers, and Ted Stevens, who lobbied President Eisenhower and Congress for Alaska's statehood. On January 3, 1959, Alaska officially became the 49th state of the United States.
Since statehood, Alaska's constitution has been amended 28 times, with voters approving amendments like the right-to-privacy clause and a ban on sexual discrimination in 1972, and the authorisation of the Alaska Permanent Fund in 1976. The most recent amendment was Measure 1 in 2004, which pertained to the laws governing ballot measures in Alaska.
Amendments: Process, Power and People
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The Alaska Constitution
The Constitution of Alaska was ratified on April 4, 1956, and took effect on January 3, 1959, when Alaska officially gained statehood. The constitution was written following a powerful speech by then-territorial senator Ernest Gruening in 1955, which compared Alaska's situation to the American struggle for independence. The speech, titled "Let Us End American Colonialism", inspired a Constitutional Convention, which took place at the University of Alaska in Fairbanks, with 55 elected delegates from across Alaska in attendance.
The constitution was adopted by the delegates on February 5, 1956, and ratified by territorial voters in April 1956, with overwhelming approval. The document is only about half the average length of a state constitution, as the delegates chose to leave broad authority to future state legislatures. The Alaska Constitution has had 28 amendments, with 12 rejected by voters, which is fewer than most state constitutions due to its short history and generalized construction.
Article I of the Alaska Constitution, with 25 sections, declares the rights of citizens, including civil rights, such as freedom from discrimination based on "race, colour, creed, sex, or national origin", freedom of speech, religion, assembly, and petition, and rights to due process and trial by jury. Article I also includes a right-to-privacy clause, added in 1972, and a ban on same-sex marriage, added in 1998 and later declared unconstitutional.
Article II establishes a bicameral Alaska Legislature, composed of 20 senators and 40 representatives, with the delegates trusting the legislature to act responsibly. Article III defines the power vested in the executive branch, including the qualifications, responsibilities, and term length of the governor of Alaska. Article IV creates the Alaska Court System, establishing a unified judiciary with the Alaska Supreme Court and the Alaska Superior Court, and leaving other courts to be established as needed. Article V sets provisions for voting, including voting age and election dates, guaranteeing a secret ballot and providing for judicial review of contested election results.
Article VI defines the apportionment of the Alaska House of Representatives and the State Senate, including redistricting procedures, while Article VII mandates a "system of public schools open to all children of the State [...] free from sectarian control", and directs the legislature to provide for public health and welfare. Article VIII describes the use of natural resources by the state and its citizens, and Article IX covers finance and taxation. Article X deals with local government, and Article XI with initiative, referendum, and recall.
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Constitutional conventions
The Alaska Constitution was adopted by a constitutional convention on February 5, 1956, and ratified by the people on April 24, 1956. The Constitution was drafted by 55 delegates from across the territory, who met at the University of Alaska in Fairbanks. The delegates were elected following the territorial legislature's authorization of a constitutional convention in 1955.
The Constitution for Alaska was written up after a powerful speech by Gruening, comparing Alaska's situation to the American struggle for independence. The convention was highly praised and very emotional. The Constitution was passed with overwhelming approval from Alaskans in 1956 and was named "one of the best, if not the best, state constitutions ever written" by the National Municipal League.
The Alaska Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Amendments can originate either with the legislature or at a constitutional convention and are voted on at the next general election. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.
As of 2006, there have been 28 amendments to the Alaska Constitution, with 12 rejected by voters. This is fewer than most state constitutions due to the short period the constitution has been in force and its generalized construction. Amendments that passed include Article I's right-to-privacy clause and ban on sexual discrimination (1972), an amendment authorizing the Alaska Permanent Fund (1976), and an amendment banning same-sex marriage (1998), which was later declared unconstitutional.
Article VII of the Alaska Constitution is the shortest and mandates a "system of public schools open to all children of the State [...] free from sectarian control", establishing the University of Alaska as the state university. It also directs the legislature to "provide for the promotion and protection of public health" and "provide for public welfare".
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Amendments
The Alaska Constitution, which was adopted by a constitutional convention on February 5, 1956, and ratified by the people on April 24, 1956, has been amended 28 times as of 2006. Alaska became the 49th state on January 3, 1959.
The Alaska Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. Amendments can originate either with the legislature or at a constitutional convention and are voted on at the next general election. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.
Some notable amendments to the Alaska Constitution include:
- Article I's right-to-privacy clause and ban on sexual discrimination (1972)
- An amendment authorizing the Alaska Permanent Fund (1976)
- An amendment banning same-sex marriage (1998), which was later declared unconstitutional
- The removal of a requirement that voters must be able to "read or speak the English language" (1970)
- Measure 1 in 2004, which related to the laws governing ballot measures in Alaska
The Constitution for Alaska was written up and passed with overwhelming approval in 1956. The National Municipal League named it "one of the best, if not the best, state constitutions ever written."
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Alaska's judicial system
Trial Courts
The two levels of trial courts in Alaska are the Superior Court and the District Court. The trial courts are divided into four judicial districts, with boundaries defined by statute. The District Courts are the primary misdemeanour trial courts, while the Superior Courts are the primary felony trial courts. The Superior Courts also sometimes hear appeals from the District Courts.
Supreme Court and Court of Appeals
The Supreme Court is the highest level of state court in Alaska. It hears appeals from lower state courts and administers the state's judicial system. The Court of Appeals is also a primary appellate court. The decisions of the Alaska Supreme Court are binding on all other Alaska state courts, and only United States federal courts can reverse or modify those decisions. The chief justice of the Alaska Supreme Court is the administrative head of the Alaska Court System and is responsible for appointing an administrative director to supervise the judicial system's administrative operations.
Judicial Appointments
Alaska uses a Missouri Plan merit selection system for judges and justices. The Alaska Judicial Council nominates judges for vacancies after accepting applications and surveying Alaska Bar Association members to assess each candidate. The Council then submits a list of qualified candidates to the governor, who has 45 days to make the appointment.
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Frequently asked questions
Yes, Alaska had a constitutional amendment to join the US. The Alaska Constitution was written in 1955 and ratified by the people on April 24, 1956. Alaska officially became a state on January 3, 1959.
As of 2006, there have been 28 amendments to the Alaska Constitution, with 12 rejected by voters.
Amendments can originate either with the legislature or at a constitutional convention and are voted on at the next general election. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.
A referendum on whether to hold a constitutional convention must be held every ten years.
No, Alaska did not become a state until 1959, so it was unable to vote on the 19th Amendment, which was ratified in 1920.
